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2026 DAILYLAW 11655 (JHR)

MAHADEV MAHTO v. THE STATE OF JHARKHAND

A.B.A./593/2026 · 2026-02-03

Sanjay Kumar Dwivedi

body2026

Judgment text

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[ 2026:JHHC:2720] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 593 of 2026 1. Mahadev Mahto, aged about 69 years, son of Late Bhatu Mahto 2. Bhuneshwar Mahto, aged about 67 years, son of Late Shankar Mahto Both residents of Kheshramba (Gagar), P.O. Hemrodih, P.S. Dhanwar, District Giridih (Jharkhand). ..... … Petitioners Versus The State of Jharkhand ..... … Opposite Party -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Sahil, Advocate. For the State : Mrs. Ruby Pandey, A.P.P. ------ 05/ 03.02.2026 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners are apprehending their arrest in connection with Forest Case No. 139 of 2013, registered for the offence under Sections 33, 33(C), 63, 66 and 66(A) of Indian Forest Act, pending in the court of learned Judicial Magistrate, 1st Class, Giridih. 3. Learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in this case and it has been alleged that the petitioners have encroached one acre of forest land. He next submits that the petitioners are nothing to do with the said land and further they have no knowledge about the said complaint of the year 2013. He then submits that the petitioners are residing at Kolkata and apparently, they have come to the knowledge about this complaint when the NBW has been issued against them. He also submits that the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-13 of the petition. On this background, he [ 2026:JHHC:2720] -2- submits that anticipatory bail may kindly be provide to the petitioners. 4. Learned A.P.P. appearing for the State has opposed the prayer and submits that in the offence report, it has come that one acre of forest land has been encroached by these petitioners. 5. Considering that the petitioners are residing at Kolkata and the land in question is not being claimed by these petitioners and further the petitioners are having no criminal antecedent and disclosure to that effect has been made in para-13 of the petition, in that view of the matter, the petitioners, named above, are directed to surrender before the learned Court within two weeks from today and the learned Court shall release the petitioners on such terms and conditions or the sureties as the learned Court may deem fit and proper. (Sanjay Kumar Dwivedi, J.) Dated:-03.02.2026 Amitesh/-